Phelps v. Board of Supervisors of Cty. of Muscatine

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the character of the invasion at issue was the increased flooding to plaintiffs land caused by a road construction project which flooding was certain and inevitable to occur
• holding that construction of a bridge and causeway over river in such a manner as to allegedly cause greater flooding on adjacent property than previously was a “taking” within the meaning of the Iowa Constitution
• holding that the character of the invasion at issue was the increased flooding to plaintiff’s land caused by a road construction project which flooding was certain and inevitable to occur
• construction of bridge and causeway over river which caused greater flooding over adjacent property than previously existed was a taking within the meaning of Iowa Constitution
• construction of bridge and causeway over river which caused greater flooding over adjacent property than previously existed was a taking within the meaning of Iowa Constitution
• “However, a ‘taking’ does not necessarily mean the appropriation of the fee. It may be anything which substantially deprives one of the use and enjoyment of his property or a portion thereof.”

Source: CourtListener parenthetical corpus (CC0).